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A. S. BOPANNA, PRASHANT KUMAR MISHRA
Dhondubai – Appellant
Versus
Hanmantappa Bandappa Gandigude since Deceased Through his LRs. – Respondent
| Table of Content |
|---|
| 1. compensation awarded for accident injuries. (Para 3 , 4) |
| 2. insurance requirement for tractor and trailer. (Para 5) |
| 3. court's discretion under article 142 to direct payment. (Para 6 , 7) |
| 4. disposition of appeals and pending applications. (Para 8 , 9) |
JUDGMENT :
1. Leave granted.
2. Heard learned counsel for the parties and perused the appeals papers.
3. The appellant/claimant is before this Court seeking payment of the compensation in respect of the injuries suffered in the accident. The Motor Accidents Claim Tribunal (For short ‘MACT') at the first instance, through its judgment dated 27.02.2015 had awarded the sum of Rs.1,78,500/- with interest at 6% per annum. The High Court has enhanced the compensation to Rs.9,99,280/- with interest @ 9% per annum through its judgment dated 21.09.2018.
4. However, the High Court on taking note that the claimant was travelling in the trailer attached to the tractor, which was not insured though tractor was insured, has exonerated the Insurance Company. It is in that light, the appellant is before this Court.
5. In a matter of the present nature, the law is well settled that when a tractor and trailer are involved, both the tractor a
Death in motor accident – Liability of tractor/its insurer extended to accident caused by tractor resulting in death of deceased who fell off Tractor trailer and suffered fatal injuries.
Liability in motor vehicle accidents requires clear evidence of vehicle involvement; both tractor and trailer must be insured separately.
The insurer of the tractor is liable for compensation despite the trailer's unregistered status; future prospects must be included in income assessment for dependency compensation.
The liability of an Insurance Company for a motor vehicle accident is determined based on the insurance coverage of the vehicles involved, and the court may dismiss additional claims if not raised th....
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